Summary: Miss X complains about the Council’s handling of her complaint that a councillor failed to disclose an interest in respect of a planning approval for a development which Miss X says will impact negatively upon her home. The Ombudsman will not investigate as it is unlikely he would find fault by the Council.

The complaint

1. Miss X complains about how the Council dealt with her complaint that a councillor should have declared an interest in a planning application and so had no involvement in deciding it.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault or there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Miss X said in her complaint and the Council’s complaint response to her. I have considered Miss X’s response to my draft decision, which I sent to her.

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What I found

4. Miss X is being caused stress because a new development will increase traffic, pollution and parking issues near her home. Miss X says a local councillor lives very near to the development site and had a disclosable pecuniary interest in it. Miss X complained to the Council that the councillor did not declare this and that the councillor should not have been involved in the planning decision. Miss X refers to a different planning application where another councillor, living near to the application site, did declare an interest.
5. The Council considered Miss X’s complaint in line with its procedure. It concluded that the councillor’s property did not form part of the application site and so was not a disclosable pecuniary interest. It also advised that the councillor was entitled to vote on the application in the way that they did.

Assessment

6. There is no indication the Council was at fault in how it dealt with Miss X’s complaint.
7. It is a criminal offence to fail to disclose a disclosable pecuniary interest. Miss X’s complaint is therefore better dealt with by the police.
8. For these reasons, we will not investigate.

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Final decision

9. My decision is that the Ombudsman should not investigate this complaint. This is because there is no indication of fault by the Council and as this matter relates to a potential criminal offence, the police are best placed to investigate.

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Investigator's decision on behalf of the Ombudsman